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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 71038
Experience:  Over 5 years in practice
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My husband left me at Xmas and moved in with another woman,

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My husband left me at Xmas and moved in with another woman, since I have changed the front door lock as it broke and he is asking for one cut. He has a back door key so has access, also he has taken half of the furniture ut of my garden without my consent. wha can ido as he is nnow threating to break in.
Thank you for your question. My name is ***** ***** I will try to help with this.
I am sorry but I'm afraid its bad news.
If this is the matrimonial home then unless you have any orders excluding him he is perfectly entitled to be there and to return at his choosing.
He is entitled to a key and if you don't give him one then he can get a locksmith to change it and sue you for the cost.
I do realise the relationship has broken down and I understand how you must feel about him. That doesn't mean he is excluded from the property.
Obviously if you divorce then it will be disposed of and that will be the end of his rights to return.
I'm very sorry but thats your position.
Can I clarify anything for you?
Jo C. and 2 other Law Specialists are ready to help you
Customer: replied 3 years ago.

He has a key to one of the doors why does he need one to both?

He is entitled to a key to every door in the house. It is as much his house as yours I'm afraid. He has a right to a key as indeed you would have a right to a copy of the key if he changed the lock to gain access.
Customer: replied 3 years ago.

He hasnt been paying his half of the mortgage does that give me more to bargain with?

Not really. I am sorry but that doesn't mean he is not entitled to return.
Obviously it may help you in the divorce courts but you cannot exclude him from the matrimonial home essentially because he has misbehaved.
Customer: replied 3 years ago.
He is self employed am I entitled to my share of the business. Can I offer for him to keep the business if I keep the house rather than dissolve both with he marriage.
It depends on the length of your marriage.
You can make that offer but whether he would agree is another matter. Generally speaking, both parties are worse off upon divorce than upon marriage.
Customer: replied 3 years ago.
We have been married ten years and I supported him throughout starting and building the business up. Would that count In my favour?
Its a lengthy marriage. The court would probably want a clean break though if possible.
If you don't have children then you are quite likely to just get out of the marriage what you out in. If you made a financial contribution then that will be rewarded as will his industry.